House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

35

House of Commons

Notices of Amendments

given on

Friday 8 May 2009

For other Amendment(s) see the following page(s):

Autism Bill Committee 27-33

Public Bill Committee

Autism Bill

Autism strategy

Phil Hope

NC1

To move the following Clause:—

‘(1)
The Secretary of State must prepare and publish a document setting out a strategy

for meeting the needs of adults in England with autistic spectrum conditions by

improving the provision of relevant services to such adults by local authorities,

NHS bodies and NHS foundation trusts.

(2)
That document is referred to in this Act as “the autism strategy”.

(3)
The autism strategy must be published no later than 1 April 2010.

(4)
The Secretary of State—

(a)
must keep the autism strategy under review, and

(b)
may revise it.

(5)
If the Secretary of State revises the autism strategy the Secretary of State must

publish it as revised.

(6)
The Secretary of State must consult and seek the participation of such persons as

the Secretary of State considers appropriate—

(a)
in preparing the autism strategy, or

(b)
in revising it in a way which would, in the opinion of the Secretary of

State, result in a substantial change to the strategy.

(7)
A document prepared and published by the Secretary of State before this section

comes into force is as effective for the purposes of this section as a document

prepared and published after that time.

(8)
Consultation and steps to seek participation undertaken by the Secretary of State

before this section comes into force are as effective for the purposes of this

section as consultation and steps to seek participation undertaken after that time.’.

Member’s explanatory statement

Notices of Amendments: 8 May 2009
36

Autism Bill, continued

This New Clause would impose a duty on the Secretary of State to publish, by 1 April 2010, a strat

egy for meeting the needs of adults with autistic spectrum conditions. It would also require the Sec

retary of State to consult on that strategy and keep it under review.

Guidance by the Secretary of State

Phil Hope

NC2

To move the following Clause:—

‘(1)
For the purpose of securing the implementation of the autism strategy, the

Secretary of State must issue guidance—

(a)
to local authorities about the exercise of their social services functions

within the meaning of the Local Authority Social Services Act 1970

(c. 42) (see section 1A of that Act), and

(b)
to NHS bodies and NHS foundation trusts about the exercise of their

functions concerned with the provision of relevant services.

(2)
Guidance must be issued under this section no later than 31 December 2010.

(3)
The Secretary of State—

(a)
must keep the guidance under review, and

(b)
may revise it.

(4)
In keeping the guidance under review the Secretary of State must in particular

consider the extent to which the guidance has been effective in securing the

implementation of the autism strategy.

(5)
Guidance issued under this section must in particular include guidance about—

(a)
the provision of relevant services for the purpose of diagnosing autistic

spectrum conditions in adults;

(b)
the identification of adults with such conditions;

(c)
the assessment of the needs of adults with such conditions for relevant

services;

(d)
planning in relation to the provision of relevant services to persons with

autistic spectrum conditions as they move from being children to adults;

(e)
other planning in relation to the provision of relevant services to adults

with autistic spectrum conditions;

(f)
the training of staff who provide relevant services to adults with such

conditions;

(g)
local arrangements for leadership in relation to the provision of relevant

services to adults with such conditions.

(6)
The Secretary of State must consult and seek the participation of local authorities,

NHS bodies and NHS foundation trusts before—

(a)
issuing guidance under this section, or

(b)
revising it in a way which would, in the opinion of the Secretary of State,

result in a substantial change to the guidance.

(7)
Consultation and steps to seek participation undertaken by the Secretary of State

before this section comes into force are as effective for the purposes of this

section as consultation and steps to seek participation undertaken after that time.’.

Member’s explanatory statement

This New Clause would require the Secretary of State to issue guidance to local authorities, NHS

bodies and NHS foundation trusts in order to secure the implementation of the autism strategy. It

would also require the Secretary of State to consult on the guidance and keep it under review.

Notices of Amendments: 8 May 2009
37

Autism Bill, continued

Local authorities and NHS bodies: duty to act under guidance

Phil Hope

NC3

To move the following Clause:—

‘(1)
This section applies to guidance or revised guidance issued under section

[Guidance by the Secretary of State] to a local authority or an NHS body.

(2)
Guidance or revised guidance is to be treated as if it were general guidance of the

Secretary of State under section 7 of the Local Authority Social Services Act

1970 (c. 42) (local authorities to exercise social services functions under

guidance of Secretary of State).

(3)
For the purposes of guidance or revised guidance—

(a)
an NHS body is to be treated as if it were a local authority within the

meaning of the 1970 Act (see section 1 of that Act), and

(b)
the functions of an NHS body mentioned in section [Guidance by the

Secretary of State](1)(b) are to be treated as if they were its social

services functions within the meaning of that Act (see section 1A of that

Act).’.

Member’s explanatory statement

This new clause would impose a duty on local authorities and NHS bodies to act under guidance

given by the Secretary of State under New Clause 2. The duty is the same as that imposed on local

authorities by section 7 of the Local Authority Social Services Act 1970.

Interpretation

Phil Hope

NC4

To move the following Clause:—

‘(1)
In this Act—

“adult” means a person who is aged 18 or over (and, accordingly, “child”

means a person who is under the age of 18);

“local authority” means—

(a)
a county council in England;

(b)
a metropolitan district council;

(c)
a non-metropolitan district council for an area for which there is

no county council;

(d)
a London borough council;

(e)
the Common Council of the City of London;

(f)
the Council of the Isles of Scilly;

“NHS body” means—

(g)
a Strategic Health Authority;

(h)
a Primary Care Trust;

(i)
a National Health Service trust all or most of whose hospitals,

establishments and facilities are in England;

(j)
a Special Health Authority performing functions only or mainly

in respect of England;

“relevant services”—

(k)
in relation to an NHS body, means health services provided for

the purposes of the health service continued under section 1(1) of

the National Health Service Act 2006 (c. 41);

Notices of Amendments: 8 May 2009
38

Autism Bill, continued

(l)
in relation to a local authority, means services provided in the

exercise of the authority’s social services functions within the

meaning of the Local Authority Social Services Act 1970 (c. 42)

(see section 1A of that Act).

(2)
In this Act references to the provision of services include references to arranging

for the provision of services (and references to services provided are to be

construed accordingly).’.

Member’s explanatory statement

This New Clause is consequential on New Clauses 1, 2 and 3 and would provide definitions of

terms used in those New Clauses.

Extent, commencement and short title

Phil Hope

NC5

To move the following Clause:—

‘(1)
This Act extends to England and Wales only.

(2)
This Act comes into force at the end of the period of 2 months beginning with the

day on which it is passed.

(3)
This Act may be cited as the Autism Act 2009.’.

Member’s explanatory statement

This New Clause would make provision for the Bill to extend to England and Wales (although it

would only have application in relation to England), to come into force 2 months after Royal As

sent and for the resulting Act to be cited as the Autism Act 2009.

Phil Hope

42

Title,  line  1,  leave out from ‘make’ to ‘and’ in line 3 and insert ‘provision about meeting

the needs of adults with autistic spectrum conditions;’.

Member’s explanatory statement

This amendment would amend the long title in consequence of New Clauses 1, 2 and 3 and amend

ments 3, 10, 13, 15, 22 and 23 (taken together).